Legal separation
CHARAN SINGH
(Querist) 21 December 2013
This query is : Resolved
My wife went from her in laws house on 27.12.2002 after disclosure of her illicit relations. Later on, she filed fake cases u/s 498A and u/s 125. After ten years, a suit for legal separation was submitted by me. During cross-examination, she submitted copies of her cases u/s 498A and 125 as evidence. Whether legal separation is admissible or not? She is residing at her maternal house since 27.12.2002.
Devajyoti Barman
(Expert) 22 December 2013
Yes, this is a very good case of legal separation.
Dr J C Vashista
(Expert) 22 December 2013
Yes, it is maintainable.
Cases u/s 498A IPC and 125 Cr.PC can be dismissed on the ground of desertion as she is living separately since 2002
R.K Nanda
(Expert) 22 December 2013
agree with experts.
T. Kalaiselvan, Advocate 
(Expert) 22 December 2013
The cases filed in the year 2002 i.e., more than a decade back loses its validity in the present scenario. She may file a fresh petition u/s 125 Cr.P.C claiming maintenance amount, it is maintainable. Legal separation, you mean divorce on the grounds of desertion? to prove it, you have to explain the efforts taken by you for rejoining with her and the failed attempts; this has nothing to do with her maintenance case, you have to deal with it separately.
